LAV KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This revision application is directed against the judgment dated 2.5.2016 passed by learned Sessions Judge, Patna in Cr.Appeal No. 154 of 2015 by which he was pleased to allow the appeal preferred by opposite party No.2 in the present case for setting aside the judgment of conviction and sentence dated 25.8.2015 passed by Sri Raghvendra Narain Singh, Judicial Magistrate, 1st Class, Patna in Complaint Case No. 973(C) of 2010 filed by the petitioner by which learned Magistrate has convicted the opposite party No.2 under Section 138 of Negotiable Instrument Act and sentenced him to undergo Simple Imprisonment for six months and to pay compensation of Rs.1,50,000/- to the complainant.

(2.) The fact giving rise to this revision application, in short, is that a complaint case was filed by the present petitioner stating therein, inter alia, that he and opposite party No.2 were known to each other and they were engaged in a business of selling of motor parts situated in Ambika Motor Market, Kankarbagh, Patna. It is also his case that the said Ambika Motor was owned by the complainant and his uncle Ashok Kumar Singh and the shop was in the tenancy of the accused. Further case is that accused opposite party No.2 demanded Rs.4 lac as friendly loan from the complainant-petitioner and he has paid the amount with assurance that he will refund the amount very shortly but he did not return the amount and on persuasion he gave a cheque bearing No. 348590 dated 6.1.2010 of Rs.1 lac to the complainant-petitioner but on presentation the cheque was bounced due to insufficient of fund.

(3.) The complainant-petitioner thereafter sent a message to the accused-opposite party No.2 verbally but he evaded the same and did not reply and thereafter petitioner sent a registered legal notice through Lawyer on 2.3.2010 but even on receipt he has not paid the amount, as such he left with no option but to file the complaint case which was numbered as 973(C) of 2010 under Sections 406, 420 of IPC and Section 138 of N.I. Act.